L.L. 2008/026

Enactment date: 6/3/2008

Int. No. 732-A

By Council Members Martinez, Stewart, Dickens, Weprin, Sears and Mealy (by request of the Mayor)

A Local Law to amend the New York city charter and administrative code of the city of New York, in relation to enacting the New York city fire code, and repealing subdivisions (7) through (19) of section 15-232 and chapter 4 of title 27 of the administrative code, relating to the New York city fire prevention code.

Be it enacted by the Council as follows:

Section 1. Legislative findings. In April 2003, the Mayor's Advisory Commission on the Adoption of the International Building Code, established by Executive Order No. 30 of 2002, recommended the adoption of a new building code and related codes based on the model codes published by the International Code Council. A new building code and other construction codes were adopted with the enactment of local law number 33 of 2007. The fire department has undertaken a three-year process of reviewing the International Fire Code and incorporating appropriate amendments that reflect the unique character of the city and existing fire code standards and requirements.

The council finds that the enactment of this fire code will serve to promote and enhance fire safety in New York city, by adopting more modern and comprehensive fire safety regulations. In addition, in enacting this code, the city joins a growing number of states and municipalities across the country that have adopted fire codes based on the International Fire Code. The increased transparency of the city's fire safety regulations will help promote both code compliance and economic development in New York city, and participation in the model code development process sponsored by the International Code Council will facilitate the ongoing evaluation and modernization of those regulations.

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[Consolidated provisions are not included in this Appendix A]

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§ 14. All actions and proceedings, civil or criminal, commenced prior to the effective date of this local law in accordance with any provision repealed by this local law and pending immediately prior to the taking effect of such repeal may be prosecuted and defended to final effect in the same manner as they might if those provisions had not been repealed.

§ 15. Rules promulgated by the fire commissioner in accordance with the law in effect prior to the effective date of this local law shall remain in effect for the matters covered to the extent that such rules are not inconsistent with the New York city fire code, as added by this local law, unless and until such rules are amended or repealed by the fire commissioner.

§ 16. Notwithstanding any other law or rule, new tables, figures or equations in graphic or PDF format to be added to the New York City Fire Code pursuant to this local law need not be underlined to denote new matter being added. The absence of underlining to denote new matter being added shall not affect the validity of new tables, figures or equations in graphic or PDF format to be added to the New York City Fire Code pursuant to this local law.

§ 17. This local law shall take effect on July 1, 2008, except that the fire commissioner may take prior to such date any administrative actions necessary for the timely implementation of this local law, including but not limited to the promulgation of rules.

L.L. 2008/032

Enactment date: 7/30/2008

Preconsidered Int. No. 802

By Council Members Weprin, Comrie and Nelson

A Local Law in relation to changing the days on which the Council can meet to fix the tax rates.

Be it enacted by the Council as follows:

Section 1. For the calendar year two thousand eight and in relation to the tax rate for fiscal year two thousand nine, notwithstanding any inconsistent provisions of section 11-220 of the New York City Administrative Code, the Council may meet on Saturday, Sunday or a legal holiday to fix the annual tax rate.

§ 2. This local law shall take effect immediately and shall be retroactive to and be deemed to have been in full force and effect on June twenty-fifth, two thousand eight.

L.L. 2008/035

Enactment date: 8/12/2008

Int. No. 777

By Council Members Gennaro, Comrie, Felder, White Jr., Yassky, James, Liu, Nelson, Seabrook, Stewart, Gerson, Garodnick, Weprin and the Speaker (Council Member Quinn)

A Local Law to amend the New York city charter and the administrative code of the city of New York, in relation to the consolidation of the environmental control board with the office of administrative trials and hearings and replacing the commissioner of consumer affairs with the chief administrative law judge of the office of administrative trials and hearings on the environmental control board and making other changes related thereto.

Be it enacted by the Council as follows:

Section 1. Declaration of legislative findings and intent. The Council finds and declares that the environmental control board is an administrative tribunal that annually processes over 700,000 notices of violation and conducts over 175,000 hearings; that for many individuals who appear before the board, a board hearing represents one of such individuals' most significant direct interactions with governmental authority; that more efficient board procedures would enhance fair enforcement of the city's laws; that significant improvements in the board's hearing procedures and practices for handling notices of violation can be made, especially through more widespread and effective use of technology, which holds considerable promise for simplifying the hearing process; that the office of administrative trials and hearings is the city's central administrative tribunal and has the greatest institutional expertise of any city agency in administrative tribunal management; and that consolidation of the environmental control board with the office of administrative trials and hearings, as provided for herein, will establish the management structure that will best serve to increase the efficiency, fairness and professionalism of the environmental control board's hearing processes.

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[Consolidated provisions are not included in this Appendix A]

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§ 9. Notwithstanding the provisions of sections 1048 and 1049 of the New York city charter, the environmental control board shall exercise all the functions, powers and duties set forth in section 1049-a of the New York city charter and hearing officers of the environmental control board shall not be subject to the provision of section 1049 that requires administrative law judges in the office of administrative trials and hearings to be appointed for a term of five years.

§ 10. No existing right or remedy of the city of any character shall be lost, impaired or affected by reason of the adoption of this local law.

§ 11. No action or proceeding, administrative, civil or criminal, pending at the time when this local law shall take effect, brought by or against the city or any agency or officer of the city, shall be affected or abated by the adoption of this local law or by anything contained herein.

§ 12. Whenever pursuant to any provision of this local law functions, powers or duties are assigned to officers or employees of the environmental control board in the office of administrative trials and hearings that were exercised by any officer or employee of the environmental control board in the department of environmental protection, all such officers or employees in the classified city civil service who were engaged in the performance of such functions, powers or duties shall be transferred to the environmental control board in the office of administrative trials and hearings, without further examination or qualification, in accordance with section 70 of the civil service law. Provided, however, that officers or employees who are subject to pending disciplinary charges on the date of the functional transfer, or against whom a disciplinary penalty has been assessed but not yet served or paid on or prior to such date, may be retained in the employment of the department of environmental protection until the resolution of the adjudicative or administrative proceedings and until any outstanding disciplinary penalty has been served or paid.

§ 13. This local law shall take effect thirty days after it shall have become a law, or as soon as practicable thereafter as a transfer of functions may be effectuated pursuant to subdivision 2 of section 70 of the civil service law; provided, however, that any rules or regulations required to be promulgated pursuant to subdivision b-1 of section 1049-a of the New York city charter, as added by section two of this local law, shall be promulgated no later than one hundred eighty days after the effective date of this local law.

L.L. 2008/036

Enactment date: 8/12/2008

Int. No. 779

By Council Members Koppell, White Jr., Comrie, James, Palma, Seabrook, Gerson, Gonzalez, Reyna, Weprin and Liu

A Local Law to amend the administrative code of the city of New York, in relation to regionally significant projects and empire zones.

Be it enacted by the Council as follows:

Section 1. Statement of legislative findings and intent. Under Section 957(d)(i) of the General Municipal Law, certain business enterprises located outside the boundaries of an Empire Zone may still be eligible for Empire Zone benefits as a "regionally significant project" because the economic activity of such enterprise is of a nature that is encouraged by the State, and the Administrative Board of such Empire Zone authorizes the designation of such business as a regionally significant project. The New York State Department of Economic Development and the Hunts Point Empire Zone Administrative Board have determined that the operation in The Bronx of Bronx Westchester Tempering Corporation's manufacturing facility is projected to create 60 new jobs and has been provisionally approved for Empire Zones benefits as a regionally significant project under Section 957(d)(i) of the General Municipal Law.

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[Consolidated provisions are not included in this Appendix A]

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§ 3. This local law shall take effect immediately except that the commissioner of small business services shall take such actions as are necessary for the administration and implementation of this local law prior to such effective date.